Storage and Retention of Notarial Records

PURPOSE: This rule sets out the requirements for storage and retention of notarial records used by electronic notaries in Missouri. (1) Remote Online Notarization (RON) systems. (A) RON must— 1. Facilitate the process of collecting the required notarial records; 2. Provide a method by which a notary can access and/or export the notarial records; and 3. Provide automated backup of the notarial records and audio/video recording to ensure redundancy. (B) RON technology solution must employ data protection safeguards consistent with generally accepted information security standards. (C) Retention of the audio/video recording and notarial records by either the notary or their designated third party, as directed by the notary, must adhere to the laws, directives, rules, and regulations of the state. (2) A notary must retain an electronic journal and an audio-visual recording created under Chapter 486, RSMo in a computer or other electronic storage device that protects the journal and recording against unauthorized access by password or cryptographic process. (A) The recording must be created in an industry standard audio-visual file format and must not include images of any electronic record on which the remotely located individual executed an electronic signature. (B) An electronic journal must be retained for at least ten (10) years after the last notarial act chronicled in the journal. An audiovisual recording must be retained for at least the ten (10) years after the recording is made. (C) A notary must take reasonable steps to ensure that a backup of the electronic journal and audio-visual recording exists and is secure from unauthorized use. AUTHORITY: sections 486.1110 and 486.1195, RSMo Supp. 2020.* Emergency rule filed Aug. 31, 2020, effective Sept. 15, 2020, expired March 13, 2021. Original rule filed Aug. 31, 2020, effective Feb. 28, 2021. *Original authority: 486.1110, RSMo 2020 and 486.1195, RSMo 2020.